Process, documentation and adjudication

The Punjab State Outsourced Personnel (Transition to Contractual Engagement) Act, 2026

General202622 sections4 chapters

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Chapter III TRANSITION TO DIRECT CONTRACTUAL ENGAGEMENT

Statutory text

(1) The Administrative Department shall, immediately upon the commencement of this Act and in any case not later than forty-five
(45) days thereafter, commence the process for transition of Eligible Outsourced Personnel into Direct Contractual Engagement, in such manner and through such procedure, as may be notified by the Government.
(2) Every Eligible Outsourced Personnel claiming benefit under this Act shall produce in such form and manner, as may be notified by the Government,-
- (a) authenticated attendance records, including Authentic Attendance records from the date of introduction of Authentic Attendance;
- (b) bank statements evidencing the regular monthly Bank Salary Credit of his wages over the entire period of Continuous Service; and
- (c) police clearance from the concerned District Police authorities, provided that where the said authorities fail to respond within thirty
(30) days, the clearance shall be deemed to have been granted, subject to subsequent recall: Provided that where the Eligible Outsourced Personnel is unable to produce all records under this sub-section by reason of failure of the Outsourcing Agency to maintain or furnish such records, the personnel may produce such alternative documentary evidence, including Provident Fund records, Employees’ State Insurance records, agency salary slips, bank-transfer entries, or affidavit-supported records, as the Government may notify.
(3) Each Administrative Department shall constitute, in such form and composition, along with the procedure as the Government may, by notification, specify, a Departmental Cadre Eligibility Committee, which shall, on a cadre basis, adjudicate eligibility under clause (i) of section 2 as per the format notified by the Government, and forward its recommendation to the Government. The Government shall, on a cadre basis, consider the recommendation and pass an order approving or rejecting the same; and the said order shall be final, subject to sub-section (3) of section 17.
(4) Each Administrative Department or Entity shall, in respect of individual applications for transition, constitute,-
- (a) an office-level Screening Committee, to decide the eligibility of individual applicants; and
- (b) an office-level Appellate Committee, to hear and decide appeals arising from the orders of the Screening Committee. The composition and procedure of the said Committees shall be such, as may be notified by the Administrative Department or the Entity, as the case may be. Where the records produced under sub-section (2) reveal any interruption or irregularity not satisfactorily explained, the application shall be liable to be rejected after affording the personnel concerned a reasonable opportunity of being heard, and a speaking order recording the reasons for such rejection shall be passed.
(5) The following shall be the timelines, namely:-
- (a) the Departmental Cadre Eligibility Committee shall be constituted within thirty
(30) days of the commencement of this Act and shall adjudicate every cadre-wise application within sixty
(60) days of receipt of a complete cadre-wise application;
- (b) in respect of cadre-level adjudication under sub-section (3), the Government shall convey its decision within thirty
(30) days of receipt of the recommendation;
- (c) in respect of individual-level adjudication under sub-section (4), the Administrative Department or Entity shall constitute the office-level Screening Committee and the office-level Appellate Committee within thirty
(30) days of the final order under sub-section (3). The office-level Screening Committee shall decide every individual application within thirty
(30) days of receipt of a complete application. An appeal against the order of the office-level Screening Committee may be filed before the office-level Appellate Committee within forty-five
(45) days of the date of such order; and the office-level Appellate Committee shall decide every such appeal within sixty
(60) days of receipt of a complete appeal; and
- (d) the entire process of transition under this Act shall be completed as per such timelines as the Government may, from time to time, specify, having regard to the fact that eligibility may accrue to different personnel at different points of time on completion of their respective qualifying periods of Continuous Service.
(6) Upon transition under this section, the Administrative Department or the Entity shall assume the role of the direct employer, and all third-party agency commissions, service charges or any other consideration payable to the Outsourcing Agency in respect of such personnel shall stand discontinued, and all existing tripartite or bipartite agreements in respect of such personnel shall cease to have effect.
(7) The Government shall prepare and maintain real-time centralised digitised records on the implementation of this Act, containing particulars relating to cadre-wise eligibility decisions, transitions, Hazardous Category notifications and such other matters, as may be prescribed; and each Administrative Department or Entity shall, in like manner, prepare and maintain individual-wise digitised records of eligibility decisions, transitions, rejections and appeals in respect of its own personnel.

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